Albert Duro v. Edward Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community

KOZINSKI, Circuit Judge, with whom LEAVY and TROTT, Circuit Judges, join,

dissenting from the order denying rehearing en banc.

In attempting to navigate what it calls “the uncharted reaches of tribal jurisdiction,” Duro v. Reina, 851 F.2d 1136, 1139 (9th Cir.1988), a panel of our court has cast off the map and the compass. The panel’s holding — that a tribal court may exercise criminal jurisdiction over Indians who are not members of the tribe — overlooks clear Supreme Court pronouncements to the contrary, is at odds with current equal protection analysis, creates an irreconcilable conflict…